

^■" \/ .-Jfe*- \/ .'^S&'" \./ ''^^*- •"' 






■J^^r 







**' 



$^i 


















^/ .^^" "^,^ -.^"i^flfS^/ '^^ '^^ 






V ..- 






























o > 
















^^•^^'. 















'J^ 



av 












^*\<^'^ , '^V'"-^*%^'^'^ \.*'^^v'^ "^^.'-'o^^-^V^^^ 


















































: J' 






SPEECH 

V 

\>' OF / 



HOI. H. V. JOMSOK 



IN SENATE. 
Wednesday, February 28, 1849. 



The Civil and Diplomatic appropriation 
Bill having been reported to the Senate from 
the Committee of the Whole, and the ques- 
tion being on concuring in the amendment 
of Mr. Walker in relation to the Territories 
acquired from Mexico — 

Mr. Johnson, of Georgia, said: Indis- 
position during almost the entire present 
session of Congress has prevented me, if I 
had desired it, from participating in the dis- 
cussions of this body. Nor do I feel now 
that my health justifies me in attempting an 
elaborate elucidation of the position which 
I occupy upon the questions which have 
been discussed in this debate. This fact, 
in connexion with what I know to be the 
reasonable and just impatience of the Sen- 
ate, and the strong and unfavoiable contrast 
which my poor effort must necessarily pre- 
sent to the able speech which has just been 
delivered by the distinguished senator from 
New York, [Mr. Dickinson,] impresses me 
with the conviction that my words should 
be few, and that I should not unnecessarily 
consume the time of the Senate. But, not- 
withstanding these considerations, I feel it a 
duty which I owe to myself and to those 
whom I in part represent on this floor, to 
present, very briefly, the views which I en- 
tertain upon some of the topics which have 
been touched during the progress of this 
debate. 

No man feels more sensibly than ..I do 
the importance of giving law and govern- 
ment to our Pacific territories. The con- 
siderations which render this necessity, ob- 
vious are so apparent, and have been so 
elaborately discussed l)y those who have 
jpreceded me, that I deem it superfluous to 



intrude them at length upon the attention 
of the Seriate. 

These territories have been acquired by 
the expenditure of common blood and treas- 
ure, and ttieir intrinsic and relative value is 
beyond computation. The richness «(f the 
gold mines of California scarcely finds a 
parallel in the history of the world. They 
have been imbeded there for ages — still 
accumulating by the washings from the ad- 
jacent mountains. They have been givea 
to the arts of civilization and commerce as 
the trophies of American valor. They havo 
produced a profound sensation — not hero 
only, but throughout the civilized world. 
They aie attracting, daily, thousantlsof our 
own enterprising citizens, a id a ■> < :.-wdf» 
from the ports of Europe and the islanaa of 
the Pacific. All congregate there, greedy 
to accumulate wealth, and to appropriate, 
without let or hindrance, the public prop- 
erty; for these mines are the common prop- 
erty of the States ; and, whatever may be 
said in favor of the right of our own citizens 
to go thither and disinter tlieir treasures, 
none will contend that foreigners from the 
shores of Europe, from South America and 
the East India islands, should be permitted 
to indulge in their unrestrained plunder. It 
is incumbent, therefore, upon Congress to 
adopt measures, and that without delay, to 
protect the public property of the United 
States, and to secuie, as far as may be, all 
its benefits to our own people. 

It is indispensable also that our revenue 
laws should be enforced at all our ports on 
the Pacific. We have already lost perhaps 
not less than a quarter of a million f<)r the 
want of regulations there for the coilectioa 
of duties on imports. Under our wara- 



2 



housing system, vast quantities of imported 
goods remain in st(jre at all our ports o( en- 
try, upon v/hich the imporier is not requir- 
ed to pay duties until they are taken out 
for sale; and, if he desires lo reship them to 
another port in the United States, he lias the 
privilege of removino: tiiem without the 
payment of duties. This regulation is wise 
and just. But nevertheless, since the dis- 
covery of the gi>ld mines in California, and 
the vast emigration which it has produced, 
immense cargoes of warehoused goods have 
been removed, especially from Bostotj, New 
York, and Baltimore, and shipped to Cali- 
fornia, where, the revenue laws not being 
enforced, they are entered free of duty, and 
to the great loss of the govertiment. Our 
government is in debt, and we need all the 
revenue which our tai iff system will yield. 
This is a strong reason for the adoption of 
some measure at the present session of 
Congress which will secure the execution 
of our laws in those remote territories. 

Nor is this all. The location of these 
territories in relation to the popuhms islands 
of the Pacific, China, and the countries of 
the East, clearly point to an almost bound- 
less commerce, to be realized at no distant 
day. It is the duty of a wise and expansive 
statesmanship to encourage an early devel- 
opment of such a commerce by the enforce- 
^oent of wholesome laws, and the ehtablish- 
raent of such institutions, political and so- 
cial, as will give impulse to the arts of civ- 
ilization and refinement. 

Nor can the duty be less imperative to 
protect our enterprising fellow-citizens who 
have gone to California against the violence 
and anarchy which must exist, wherever 
there is no mode of punishing the vicious, 
the dishonest, and lawless. The character 
of the population there must necessarily be 
mixed, composed of Indians, half civilized 
MexicaTis and foreigners from every clime. 
The occupation of mining, as its history 
shows in all ages and in every country, is 
debasiirg to the finer f/elings of our nature; 
it inflames the baser passions, and, without 
the restraints of law, it is the parent of eve- 
ry vice known to the catalogue of crime. 
"We are, therefore, called upon by every 
(Consideiarion which should influence the 
action of legislators to exiend our laws, and 
throw over New Mexico and California our 



protecting a?gis. The necessity for suchi 
action is immediate and urgent. 

What, then, should be the character of 
the government which we should give ihem? 
The nature of the emergency suggests what 
ought to be its principal feature. It must 
combine energy with the capacity for its^ 
summary exertion; and, theiefore, our legis- 
lation should be such as may be put into 
the most speedy and efficient operation; 
The amendment now under consideration, 
does, in my judgment, combine these indis 
pensable lequisiies. It extends immediate 
ly such provisions of the constitution andt 
laws of the United States over our territory fl 
west of the Rio Grande as are applicable 
to its condition and necessities. It author- 
izes ti e President of the United States "to 
prescribe and establish all proper and need- 
ful rules j^nd regulations, in conformity with 
the constitution of the United States, lor the; 
enforcement of said laws in said territory,, 
and for the preset vation of order and tran 
quility and the establishment of justices 
theiein, and friim time to time to modify orr 
change the said rules and regulations ini 
such manner as may seem to him discreet^ 
and proper." It also empowers him to)' 
'•prescribe and establish, temporarily, suchi 
divisions, districts, ports, offices, and ar 
rangemenis proper for the execution of saidl 
laws, and lo appoint and commission suchi 
«)fficers as may be riecessary to administern 
such laws in said territoiy for such term or 
terms as he may prescribe, whose authority 
shall continue until otherwise provided by 
Congress." Clothed with these powers, itt* 
is obvious that the President will be able? 
to give the most speedy and ample protec-- 
lion to the public pr< perty of the United 1 
Stales, and secure tlie gold mines from un-j 
authorized plunder by foreign emigrants.; 
He can enforce the collection of duties oni 
f(jreign imports, in coriforniity with ourt 
revenue laws; and he can preserve tran-- 
quility and good order among the mixedl 
population which is so rapidly congregating^ 
there from every point of ihe coinpass. All! 
this can be effected with far less delay ihaDi 
by any other mode of «)rgaiiization which i 
we could adopt. It meets ihe emergency 
in all its prominent features, and theiefore i 
I cheei fully give it my support. 

There are, however, some objections to < 



it, and I am sensible of their weight. But 
I do not regard them as paramount, and I 
shall not dwell upon them. Under circum- 
stances less urgent I would not sanction any 
measure which vests so much power in the 
hands of the Executive as is conferred by 
this amendment. But il is intended to bo 
only temporary in its duration; the Presi- 
dent is clothed with no legislative powers; 
and, in the establishment of "needful rules 
and regulations," he is expressly confined 
to the limits of the constitution. M' reover, 
the whole arrangement is liable to be su- 
perseded at any moment by the future ac- 
tion of Congress. With these wholesome 
safeguards there is but little reason to ap- 
prehend abuses by the President in the exe- 
cution of the provisions of this amendment. 
I will confide in his patriotism, his plighted 
fidelity to the constitution, and his sense of 
justice to every portion and interest of the 
confederacy. I will waive all minor ob- 
jections for the sake of giving law and gov- 
ernment to our unprotected territories be- 
yond the Rio Grande. 

The grounds of opposition to this amend- 
ment, which have been relied on in this de- 
bate, are scarcely worthy of serious refuta- 
tion. The principal objection urged against 
it is the one raised by the senator from New 
Jersey, [Mr. Dayton.] It is, that the con- 
stitution of the United States does not ex- 
tend tn teirhories propria vigore, and that 
it is not competent for Congress thus to ex- 
tend it by legislative enactment. »ir, I shall 
not pause to discuss the question whether 
the constitution extends per se to territories. 
I am content with the southern view of it, 
which has been so triumphantly maintained 
by other senators, and particularly by the 
senator from South Carolina, [Mr. Calhoun,] 
in the debate which he conducted on yes- 
terday with the memher from Massachu- 
setts, (Mr. Webster.] I entertain not the 
shadow of a doubt that the constitution of 
the United States, so far as its provisions are 
applicable, does extend to territories. I do 
not believe that the Supreme Court ever 
has or ever will decide to the contrary. So 
far from this, I believe the case of Canter, 
in 1 Peters's Reports, page 511, which has 
been relied on to support the proposition 
advanced by the member fiom New Jersey, 
[Mr. Dayton,] recognises a principle which. 



if correct, (and it has never been disputed,) 
sustains most amply, the position for which 
the South contends. In delivering his opin- 
ion in that case. Chief Justice Maisliall, 
speaking of the effect of cessi<iii by treaty 
upon the relations of the inhabitants of the 
territory ceded, said : 

"The same act which transfers their country trans- 
fers the allej^innce of those who remain in it, and the 
law which may be denuniiDated;;o/t<tcan8 necc»!iarily 
clianged." 

It follows, therefore, as an irresistible in- 
ference, that the law of the conqueiing 
country " which may be denominated po- 
litical'" supervenes. Now, what law of ihe 
United States "may be denominated politj. 
cal ?" Is it not emphatically the constitu- 
tion ? It is perfectly clcar,'therefote, tliat, 
CO instand in which the treaty of peace be- 
tween this gevcrnment and Mexico was 
excuted, the constitution, which is the po- 
litical law of the United States, was extend- 
ed over the territories of New Mexico and 
California. 

Nor shall I pause to discuss the power of 
Congress to extend the constituiion, by le- 
gislative act, (jver these territoiiea. It is 
absurd to deny such a power. Larrcnta- 
ble, indeed, is the condition of the infiabi- 
tants of New Mexico and California, if it 
be not competent for Congress to afford 
them the benefits of our constitution. More 
lamentable still the condition of those of our 
fellow-citizens who have emigrated thither 
in obedience to a spirit of enterprise and 
adventuie, which pervades the entiie ex- 
tent of the republic. The assumption of 
such a position shows conclusively the sub- 
terfuges to which the enemies of the South 
will reso-t to accomplish their hostile de- 
signs against her peculiar institutions. 

But, sir, I desire to notice particularly 
the obvious motive of this leading objec- 
tion of the senator from New Jersey [Mr. 
Dayton] to the amendment now under con- 
sideration. That motive has been avowed. 
It has been endorsed by several Senat<irs 
from the North, and disapproved of but by 
tw(» or three. I desire to hold it up to the 
special contemplation of the people of the 
South that they may examine and wei<'h 
it; that they may see and know the feelings 
which northern gentlemen enteitain toward* 



ihem. The senator from New Jersey [Mr. 
Dayton] says: 

"Bulifyoii do extend its operation by Legislative 
enactment, then yon alter the position ol' certain 
great ii'teresls in this country. (Jur friends of the 
South say that, under the operation of the constitu- 
tion, they have a right to take slaves wherever that 
constituiion reaches. It does not now reach, accord- 
ms tojiidicial de^•i^sions, to Cahfornia. You seek, by 
special act on this ainendnienl, to make the constitu- 
tion overreach Cahfi)rnia ami Mew Mexico, and thus 
give, according to the soulhern view of their ri;i;ht3 
under the constitution, a privilege which they would 
not otherwise have [ii the first place. I say that you 
carinut. by legislative enactment, extend the constitu- 
tion, and if you did, it would not be right, under e.x- 
isling circumstances, to change the relative position 
in which parlies stand in reference to this slave ques- 
tion, in this indirect way," 

Now, sir, what is the plain import of this 
declaration ] It is this : The Noith de- 
clare that the constitution does not extend 
to territories; and therefore the South can 
have, no right to carry their slaves to New 
Mexico and California. When it is asked 
to extend the constitution over them, they 
say they will not, even if Congress has the 
power to do so, because thcij are unwilling 
for the South to enjoy the henejits <>f its guar- 
anties. Heretofore the North has been con- 
tent to rest upon their opinion that, under 
the constitution, the South cannot carry 
slaves into New Mexico and California. I 
had thought that the whole controversy re- 
lated to this single point. But it has as- 
sumed a new and alarming aspect. It is 
now openly avowed that, even though the 
constitution secure this right, the South is 
to be solemnly denied its benefit. Sir, I 
repeat, I wish to present this in bold relief 
to the people of the South. I wish it to 
reverberate from the Potomac to the re- 
motest boundary of the southern Slates, un- 
til it shall reach every city, town, hamlet, 
and habitation, and arouse the down-trod- 
den masses to a sense of the danger to their 
rights which is threatened by the reckless 
and exclusive spirit of northern aggression. 
Ml. President, some southern grentlemen 
nave ex[)iessed surjirise at the anuounce- 
meni of such a position. But, sir, I am not 
surprised. 1 have long known, and this 
Sennte has occasion to know, that the great 
body .if the North are unwilling to pet mil 
the South to enjoy the rights which are 
gUMr-iriiied to her by the constitution in the 
newly acquired territories of the United 



States. Perhaps it has not heretofore beer 
exlubited in the shape which it now as- 
sumes; but it has been manifested in si 
manner net less equivocal. Has the Sen 
ale forgotten the history of the "comprom-i! 
ise bill" of the last session ] Have they 
forgotten the main feature which that bill 
embraced 1 Sir, what was that history, and 
what that feature % 

Eaily in the last session of Cono-ress. thei 
Committee on Territories reported a bill t0 
tlu Senate to form a territorial government 
of Oregon. The twelfth sectiT)n of that 
bill lattfied and declared to be in force thet 
laws and ordinances of the provisional ?ov^| 
eminent which the people of that territoryj 
had established for themselves, in the ab-i, 

sence of any oiganization by Congre s. 

Among these, there was a decree "that ini! 
voluntaiy servitude should not exist there-) 
in. We of the South believed that to rati-i 
fy and declare such a restriction to be ini 
force, involved the assumption of the right;; 
on the part of Cnngres8,to prohibit slavery) 
by leg slative enactment. Against the ex-: 
ercise of such a power we protested; and: 
therefoie an exciting debate was eliciteds 
upon the general subject, not only in refer-'; 
ence to Oregon, but also Calif. rnia and' 
New Mexico. We exhibited a willingnesss 
to vote for the bill, if ifie twelfth sectioni 
should be stricken out. Accordingly thet 
senator fi-om Indiana [Mr. Bright] m°>ved to 
do so. But the question was not taken imn 
mediately, and, to the surprise of all the 
southern senators, he withdrew the motioni 
on the next moiniog. U was immediately 
renewed by my colleague, [Mr. Berrien.] 
Indications were very soon exhibited that: 
the motK.n could not prevail, and that thee 
slavery restricti .n would, for the first time,'! 
be forced upon us. The senator from Indi-' 
ana [Mr. Bright] then offered, by way of 
amendment, what is known as the "Missou- 
ri compromise.'' It was very soon ascer-| 
tained that this would not r^ass. The sena-i 
tor from Mississippi [Mr. Davis] then pro-M 
posed to amend the twelfth section by add 
ing a proviso, "That irothing contained intl 
the said act shall be so construed as to au- 
thorize the prohibiiion of domestic slavery^ 
in said territory whiUt it remains in the con-' 
ditioii of a territory of the United States.'" 
Several other amendments, I believe, were; 



offered by southern senators, havinj for 
their object the protection of the rights of 
the South in our lenitoiies. The dithcul- 
ties of adjustment thickened; the fxcile- 
ment in this body waxed warm, and dirt'us- 
ed itself throughout the entiie republic; and 
the public press literally groaned under the 
utteriuo's (jf popular si)licitude. The ship 
of State seemed to tremble and creak 
throughout all her timbers, and the minds of 
pairiitts, everywhere, were burdened with 
painful apprehensions f<jr the safety of the 
Union. At this moment of intense solici- 
tude, a meeting of southern senators was 
suo'gested to devise some mode <if action by 
which the question might be adjusted. We 
met in the ante-room, irrespeciive of polit- 
ical names — all party distinctions were laid 
upon the altar of our common country. The 
result of our deliberations was. a unanimous 
determination, if possible, to have the whole 
subject referred to a select committee of 
eight, to consist of four fiom the North and 
foui from the South, and an equal number 
from each of the respective parties. By 
common consent, a senator from Delaware 
[Mr. Clayton] moved the reference, and it 
was agreed to by the Senate. The select 
committee was chosen by ballot, and was 
composed of the honorable mover, a sena- 
tor from Missouri [Mr. Atchison,] a senator 
from Kentucky [Mr. Underwood,] and a 
senator from South Carolina, [Mr. Calhoun,] 
from the slave Slates; from the free States, 
of a senator fiom New York, [Mr. Dicken- 
son,] a senator from Indiana, [Mr. Bright,] 
a senator from Rhode hland, [Mr. Clarke,] 
and a senator from Vermont, [Mr, Phelps.] 
Sir, these were no upstart politicians, who 
have been nurtured into notoriety by fawn- 
ing and by flattery. Most of them are gray 
haired senators, distinguished for their pat- 
riotism, their intelligence, and their pro- 
tracted service in our public councils. They 
brought to the weighty task assigned them, 
grave, deliberative, and an enlarged states- 
manship, ripened by many years of experi- 
ence. After days of anxious consultation, 
that committee reported the measure known 
as the "compromise bill." It was hailed 
everywhere throughout the country as the 
bow of promise, betokening calm and sun- 
shine. The hope of the pa'roit revived, as 
he thought he saw the night retire, which 



hung like a funeral pall over our political 
horizon. Suck is a brief history of that bill. 
What were tlie great features of com- 
promise which it embodied] The Nurih 
contended that they had the tight to extend 
the Wilmot proviso over the teiriloi ies of 
the United States, and that it was the im- 
perative duty of Congress to do it. The 
South solecnnly denied and protested a- 
gainsl ilie exercise of such a power. Tliis 
bill yielded that question on the part of the 
North, and imj)osed on Congress the duly 
of noninterference. That is all which the 
South lias ever asked; and, so far, it was 
one point of concession to (iur demand. — 
Again: Many of our northern ftiends in- 
sisted that the inhabitants of territories pos- 
sess the right to restrict, slavery within their 
limits; but the South denied this position, 
and the bill prohil)ited the Territorial leg- 
islature fiom passing any law "respecting 
the piohibiliiiii or establishment of African 
slavery." This was the second point of 
concession made by the North. The Nurth 
insisted on ratifying and confirming the pro- 
visional laws of Oregon, one of which pro- 
hibited slavery. The South denied the 
power of Congress to do this. The bill de- 
clared that they should continue in force 
only until three moths after the first meet- 
ing of the territorial legislature. This was 
the third pcjint of conce.-^sion yielded by the 
North. These questi(jns being settled pos- 
itively by the bill, the controversy between 
the North and the South was narrowed 
down to a single point: and that was, wheth- 
er, under the gua"anties of the constitution 
and laws of the United States, the citizens 
of the South possess the right to carry their 
slaves into our territories'? We maintaitred 
the affirmative and the North the negative 
of this proposition; and, not being able to 
come to any agreement which would result 
in satisfactory legislation, both parlies, by 
the thirty-first sectiim of the bill, consented 
to submit it to the adjudication of the Su- 
preme Court of the United States. If the 
constitution does guaranty our rights, as we 
contend, the court would certainly so de- 
cide; if it does not, for one I say we ought 
not to insist on it. The constitution i^ our 
bond of union; I am content with its guar- 
amies; I will never knowitrgly demand any- 
thins from our confederates which it does 



not justify and sustain. The Supreme 
Court was established for the very purpose 
of o-ivinf? it authorirative interpretation; — 
and. as a lover of the Union, 1 am willing 
to abide its solemn decisions. 

One remark more on this point. It is 
evident that this question between the North 
and the South must be either a political or 
a judicial question. If we attempt to set- 
tle it in Concjress, we make it political; — 
if we refer it to the Supreme Ct)urt, it is 
judicial. Now I put it to any candid man 
of the South to say whether it is not safer 
for us to refer it to the couri? If we refer 
it to Coni^ress as it is now, or is likely to 
be hereafter constituted, it will, it must be 
decided against us; for there is a large ma- 
jority of VV^ilmot proviso men in the House 
of Representatives: Hnd the Senate will, I 
fear, very soon yield to the growing popu- 
larity of this pestiferous measure. But if 
we submit to the adjudication of the Su- 
preme Court, I should entertain no fear of 
an unfavorable decision. Truth, justice, 
principle and argument, are all on our side. 

These considerations recommended tliis 
bill to the favor of the Senate; and, after 
full debate, it passed this body by a majori- 
ty of three-fifths. It left the slave question 
where the framers of the constitution left 
it — where the constitution itself leaves it. 
This was the great leading feature of this 
bill. 

Having passed the Senate, under circum- 
stances so impressive, it was transmitted to 
the House of Representatives fur their con- 
currence. But there was one bright partic- 
ular star, clustered round by seven paler 
satellites, whose blended lustre, glancing 
through the gloom of ignorance which 
shrouded the intellects of the poor benight- 
ed Senate, discovered to the world that it 
was a surrender of the rights of the South 
— a sjrrender ''covert,''' but "no less com- 
plcte and absolute" — and that, so far from 
being a "compromise bill," it "might be 
more properly entitled articles of capitula- 
tion on the part of the South." And, with- 
out any effort to amend its imperfections, if 
it had them, without permitting the usual 
reference to a committee, upon a motion 
whi(;h cut off all debate and excluded all 
vindication by its friends, this offspring of 
patriotic deliberation and enlightened states- 



manship was consigned to the grave without . 
even the formalities of a respectful inter- 
ment. By the votes of eight Southern men, 
united with those of northern barnburnera 
and Wilmot Provisoists, this proposition, 
which granted to the South the benefits of 
the constitution, was laid on the table. — 
Out of one hundred and thirty-seven votes, 
in the House of Representatives, from the 
free States, there were but nineteen who, 
on that occasion, showed, by their votes, 
that they were willing to allow the South the 
guaranties of the constitution. Looking, 
then to the interesting history of that bill, 
the prominent feature which it embodied, 
and its fate in the popular branch of Con- 
gress, I was not surprised at the announce- 
ment of the senator from New Jersey [Mr. 
Dayton] that, if we had the right to extend 
the constitution to New Mexico and Cali- 
fornia, "it would not be right, under exist- 
ing circumstances," to do so. Sir, it was 
this sentiment which defeated that "compro- 
mise bill," and, in my judgment, inflicted a 
heavy wound upon the South. What has 
been the consequence] It lias prevented- 
southern emigration to California. Under 
the apprehension that they could not carry, 
their slaves with them, citizens of the south- 
ern States have not gone there, and the 
northern States are reaping the benefits of 
the gold mines. Their people are flocking 
there by thousands, and will obtain so thor- 
oughly the control of that country in a short 
time, that they will forever exclude slavery; 
whereas, if the compromise bill had passed, 
it would have opened the door fur southern 
emigration. Our people would have gone 
there. They would have participated in 
the benefits of working the mines, and have 
been fairly represented in the organization 
of the political and social institutions of 
those territories. If to this inestimable loss 
to the South be added the agitation and 
heart-burning, and local strife which have 
succeded the defeat of that measure, it can 
but fill the mind of the patriot with the most 
painful apprehensions. 

I therefore cheerfully support this amend- 
ment. I support it for the reason that it is 
the duty of Congress to extend the protec- 
tion of law to our recently-acquired territo- 
ries. I support it because it combines 
those elements which are suited to the pres- 



ent emeigcticy. I support it because it ex- 
tends over tliem the C(ni.stituti(jii anil laws 
of the United Stales. Less limn this a- 
mendment contemplates we ought nut U) do; 
more, 1 fear, wo cannot do. I doubt if any 
other proposition will receive the sup- 
port of botli houses of Congress, and it is 
not very certain that this will. 

Mr. P.esident, we have three alterna- 
tives before us. We must either adopt this 
amendment, or we must pass the territorial 
bill which has been sent us by the House, or 
we must admit these territories as a State or 
States into the Union immediately. If we 
do neither of these things, then we must 
leave Calif()rnia and New Mexico to the 
horrors of anarchy. 

If I could cln>ose between this amend- 
ment and a well-digested territorial bill, 1 
should certainly prefer the latter. It is 
more in accordance with the usage of our 
sovernment: and it would allow to the pso- 
pie greater latitude in the exercise and en- 
joyment of those great principles of repub- 
lican liberty which are recognized by (jur 
constitution. But who does not know that 
the passage of such a territorial bill at this 
late peri()(l of the session is impossible'/ — 
Besides there is no probability that any bill 
which would be acceptable to the House 
could pass both houses of Congress. Trie 
one which has been sent us from the South 
contains the Wilmot Proviso; and if we 
were to strike it out, it is very certain that 
they would not concur in the amendment. 
Hence, an acceptable" territorial bill at this 
session is out of the question. 

The only other alternative before us is to 
bring these Territories into the Union im- 
mediately. To accomplish this object, two 
methods have been proposed. The one by 
the Senator from Tennessee, [Mr. Bell,] is 
to merge the whole territory of New Mexi- 
co and California into one State: and the 
other, by the senator from Illinois, [Mr. 
Douglas,] as the chairman of a select com- 
mittee, proposes to divide them into two 
States, admit one immediately and the other 
prospectively. To both these propositions 
I am at present inflexibly opposed. The 
former, however, has been rejected, and 
therefore I shull not attempt t<j expose its de- 
demerits. Nor shall L discuss the question 
at length as to the power of Congress to 



create a Slate. I rest upon the able ami 
conclusive aigumenl of tho Judiciary Com- 
mittee, presented by their report, upon tho 
bill introduced by the senator from Illinois, 
at an uaily period of the session for the ad- 
mission ot California as a State. 1 shall coq- 
tent myself by simply staling my posiliou 
without elucidation. 

The territories in ijuestion are the com- 
mon property of the several States in their 
confederated character; and as sovereignty 
aiiaches to the ownership of the domain, 
sovereignty over them necessarily resides ia 
the Stated. The federal government is in 
no sense the jwner of tho territories or of 
ihc sovereignly over them. It is the mere 
trustee of the Slates. Now, I hold that the 
cieation of a State is the highest act of sove- 
reignly krjown to political law. How, then, 
can Congress, vvhicli has no sovereiqnty 
(jver the territories, exercise the higlieat 
power of sovereignly by creating ihenr into 
States'? Inasmuch as ilie sovei'eignty over 
the teriitories resides in the several States 
of the Union, and not in the inhabitants 
thereof, it follows that they cannot forma 
State Government, in die sense of the Coa- 
stiiuiion, witliout the consent of the States. 
Coru-ress is the trustee of the States, and the 
organ through which that consent is to bo ex- 
pressed. All that Congress can do, there- 
fore, is to consent that ilie people, withia 
certain defined limits of territory, may or- 
ganize a State government, republican in its 
form, and be admitted into the Union. — 
That consent is a pledge, on the part of the 
several States, that when such a govern- 
ment shall have been organized they will 
surrendtn- their sovereignty over the territo- 
ry thus defined; and iis admission into the 
Union is an actual surrender of that sover- 
eignty. 

This consent may be given either before 
or after the formalion of a State constitu- 
tion. When given before, it authorizes the 
thing to be done; when given afterwards, 
it ratifies what has already been done. — 
Hence, I do not deny ike right of th^ 
people of a territory to assemble and 
form a Constitution loitk a vieto to ad- 
mission into the Union. When done 
with that view, it is an act of loyalty 
to the republic. But I do deny that they 
, have the right, without the consent of th© 



8 



States, through Congress, to organize a go- 
vernment which will C(jnstitute them inde- 
pendent of the States of the Union, or 
which would supersede the temporary go- 
vernment which may have been established 
by Congress. The relation of the territo- 
ries to the United States is unquestionably 
that of dependence and subordination; — 
and, as matter of right, they can do noth- 
ing inconsistent with the sovereigtity of the 
several Slates over them. 

That circumstances may occur which 
would justify the people of a territory in 
Betting up an independent separate govern- 
ment, I not only admit, but advocate. Ter- 
ritories are held by the United States to be 
admitted ultimately as members of the con- 
federacy. If their condition is one of sub- 
ordination and dependence, it is also one 
of pupilage and protection, It is the rela- 
tion of parent and child. If, inconsistent 
with that relationship; if, instead of a foster 
mother, the Union becomes an inex(irable 
tyrant; if, instead of tutelage, she inflict the 
evils of vassalage; if she capriciously and 
unwarrantably refuse to admit it into tlie 
Union, after it has obviously attained to the 
capacity for self-government, the inhabi- 
tants of a territory would be absolved from 
their allegiance, and justified in setting up 
a separate independence. If the Slates, in 
giving their consent, of which I have before 
Bpoken, for the people of a Territory to 
form a State Government, impose condi- 
tions or restrictions incompatible with that 
equality in sovereignty and dignity which 
appertains to the other Slates of the confed- 
eracy, it would justify it in setting up an 
independent government. It is upon this 
ground that ^lissouri would have been jus- 
tified in declaring hei independence in 1S20. 
She had reached a constitutional majority; 
ehe possessed the requisite population to 
constitute a Stale of the Union; her people 
were sufiicienlly intelligent and virtuous for 
eelf-government; she had presented a re- 
publican constitution; and she asked to be 
admitted into the Union, and to be clothed 
with that sovereignty which resided in the 
States. But Congress sought to impose up- 
on her a proviso restricting slavery. This 
was a condition not imposed upon the other 
States. It was incompatible with that equal- 
ity and sovereignty which belonged to the 



other members of the confederacy. To 
such a condition she was not bound to sub- 
mit; and, having a right to admission, with- 
out its imposition, she would have been jus- 
tified in setting up an independent govern- 
ment. So she thought at that day; so 
thought the people of the Southern Slates; 
and so convinced were the northern mem- 
bers of Congress by the powerful argument 
of Mr. Lowndes, of South Carolina, thatthey 
took shelter under the Missouri compj-o- 
mise, and actually forced it, nolens volens, 
upon the South. Sir, entertaining these 
(ipinions of the want of power on the part 
of Congress, I could nev r consent to any 
bill which attempts to create a State. 

The other projxisition for admitting these 
territories into the Union as States is the 
bill reported by tlie Sonatf)r from Illinois, 
[Mr. Douglas,] as chairman of the select 
committee. It provides — 

"That Congress doth consent tliat the portion of 
ihe territory oC the United Slates which is included 
within the Collowing hmits, to wit ; beginning in the 
Pacific ocean, on the parallel 42 degrees oflNorth lat- 
itude: thence east on said parallel to the dividing ridge 
I which separates the waters flowing into the Colorado 
I river from those which How into the Great Basin; — 
thetice along said dividing ridge to the point where it 
was crossed by Lieut. Col. J. (:. Fremont in eigh- 
teen hundred and forty-four, as shown on the map of 
his exploration; thence southwestwardly along the 
line of said exploration as shown on the map of 
said Fremont's surveys published by order of tlie 
Senate, in eighteen hundred and forty-eight, to its in- 
tersection with the one hundred and .•seventeeth me- 
ridian of west longitude; thence in a direct line to 
the intersection of the Sierra Nevada mountains with 
those of the west range; thence due west to the Fa- 
citic ocean; thence along the coast including the ad- 
jacent islands, to the place of beginning, shall be set 
apart as the territory of one State, and upon the ful- 
filment of the conditions liereinafler contained, the 
same is hereby declared to be one ol the .States of 
this Union, by the name and style of the State of Cal- 
ifornia, npon an equal footing with the original 
States in all respects whatsoever." And — 

'That Congress doth consent that the portion of 
the territory or the United States which is bounded 
as follows, to-wit; On the north by the forty-second 
parallel of north latitude, on the east by the summit 
of the Rocky mountains and the State of Texas, on 
the south by the republic of Mexico, and on the west 
by the proposed State of California and the Pacific 
ocean, includitig the islands adjacent to the shore, 
shall become one oftlie States of the Union by the 
name and style of the State of New fllexico, or such 
other name as the people thereof, shall, in their con- 
stitution adopt, upon an equal footing with the origi- 
nal States, in all respects whatever, so soon as it shall 
contain the proper number of inhabitants; and they 
shall establish for themselves a coustitutiou and repub- 
lican form of governinent." 



9 



Mr. President, this is a departure from 
long established usage. We have hereto- 
fore required the inhabitants of territories 
to remain in a territorial condition fur a se- 
ries of years. This usage is in strict accord- 
ance with the object for which the United 
States hold territories. We hold ternt(jrie3 
for the purpose of their ultimate admission 
into the Union; and their inhabitants, occu- 
py the relation of pupilage, lo be indoctrin- 
ated in the principles of republicanism pre- 
paratory to their admission into the ccjtjfed- 
eracy. If there is any reason in this usage, 
as applied to our other territories, how much 
more forcibly does it apply to New Mexico 
and California? Their population is mixed, 
composed of piebald mongrel races, and but 
recently severed from the lepublic of Mexi- 
co, whose history for the last twenty years 
is that of revolution and insubordination. — 
By what magic have they suddenly become 
capable of self-governmenti Why, sir, it is 
proposed to admit them into the Union be- 
fore they have become citizens of the Unit- 
ed States. By the eighth article of the trea- 
ty the inhabitants of New Mexico and Cali- 
fornia are allowed twelve months from the 
date of the exchange of the ratifications to 
make their election whether they will be- 
come American citizens or return to the 
Mexican republic. The exchange of ratifi- 
cations took place on the 30th of May, 1S4S, 
and therefore the people of the newly ac- 
quired territories are not citizens until the 
30th of May next; but this bill proposes, 
contrary to all usage, and to the obvious in- 
tent of the treaty to incorporate imf?iediate- 
??/ the greater portion of theminto the Union. 
Sir, why this hastel Why this prurient anx- 
iety to add another State to this Confedera- 
cy.? Was it so with Florida? Sir. Florida 
knocked at your door for admission for five 
long years. Was Louisiana admitted in 
such hot haste? No sir, Florida and Louis- 
iana were slave States, and therefore there 
was no great eagerness for their admis- 
sion. But it is certain that, with its present 
population, California must be a free State, 
and hence there are those quite willing for 
her immediate admission. Who are the 
people that have gone there from the Unit- 
ed States? They are mainly citizens from 
New York and Massachusetts, and they are 
those who would control in the Convention 



which would meet to frame a State consti- 
tution. What voice would the people of 
the South or their institutions have in .such 
an assemblage? Sir, I cannot give my con- 
sent to any such proposition. It is a tame 
and ingli>rious surrender of the rights of 
the South. It is the Wilmot Proviso in dis- 
guise, and will accomplish all which thai 
odious measure was ever intended to ac- 
complish. 

Sir, where is the necessity for admitting 
these territories into the Union? Is it indis- 
pensable to their safety and protection? Or 
is there any moral or political obligation 
for us to do so? Have they asked for ad- 
mission? Are we informed that California 
has the requisite population? These are 
grave questions, and ought to be solved to 
our entire satisfaction, before we can be 
called upon to add another State to the 
Confederacy. The amendment of the sen- 
ator from Wisconsin [Mr. Walker] gives 
the people of those territories the njost am- 
ple protection. That is all they can claim; 
it is all we are bound to give them at the 
present time. Or, if this is not enough, 
organize a Territorial government in accor- 
dance with settled usage. Let it be liberal 
in its provisions, and confer upon them all 
the powers compatible with their relation 
to the States, and the rights of the States 
of the Union. 

But it is said that no Territorial bill can 
pass Congress without the Wilmot Proviso, 
and that by admitting these territories into 
the Union we avoid that, and thereby set- 
tle the agitating question of slavery. I re- 
gret to find southern men yielding to this 
view of the subject. For one I regard it 
as insulting to the South — as a proposition 
to her friends to betray her into the hands 
of her deadliest enemies. Sir, whose fault 
is it that these territories cannot be organ- 
ized ? Who is it that throws obstacles in 
the way ? Is it the South ? No, sir. The 
South stands with folded hands, except 
when her rights are sought to be invaded. 
She acts on the defensive. She claims noth- 
ing at the hands of Congress btit to be let 
alone. She is willing to co-operate in any 
legislation for the benefit of these territo- 
ries which does not infringe upon her rights. 
But the very moment any bill is introduc- 
ed which looks to the formation of territo- 



/ 



10 



rial governments, the northern factinnists\ 
seek to incorporate upon it the Wilmoi 
Proviso, which excludes the people of the 
South from these territories and violate? 
that equality in dignity and sovereignty 
which, under the constitution, appertains to 
every State of the confederacy To avoid 
this, what, are the southern States asked ti> 
do? With the fact staring them in the face, 
that if admitted now Calif >rriia must be a 
free State, and with the distinct avowal on 
the part of the Noith that slavery never 
shall be extended an inch beyond its pres- 
ent limits, we are seriously asked to incor- 
porate our new territoiies into the Union, 
in order to avoid threatened legislative 
degradatiini. Sir, if I am to submit to the 
Wilmot Proviso, let it come undisguised. 
If the South is to be excluded fr((m the ter- 
ritories, let her not be insulted by an invi- 
tation to aid in the operation. 

I am not prepared, Mr. President, to pro 
nounce the bill of the senator from Illinois 
unconstitutional. But everything constitu- 
tional is not necessarily just or expedient. 
I concede the right of Congress to admit 
California immediately, and New Mexico 
prospectively. I grant also — nav, I insist — 
that in the formation of a State constitu- 
tion, the people have the right to determine 
for themselves whether they will tolerate 
slavery as a part of tneir system of govern- 
ment. Bat, sir, it becomes a very different 
questifin when it is proposed to do this for 
the avowed purpose of avoiding the Wil- 
mot Proviso, and when it is known that by 
this method all will be accomplished which 
the northern agitators desire. It calls up- 
on the South to do that under the influence 
. of a threat which it would be degrading to 
submit to if executed according to the forms 
of legislation. 

Let it not be inferred from what I have 
said that I would oppose the admission of a 
State into the Union on the ground of its 
being a free State. I have no such feeling. 
If California and New Mexico shall be re- 
quired to submit to the usual probation of 
the territorial condition; if, by just legisla- 
tion of the part of Congress, the South be 
allowed a fair chance to participate in the 
formation of their civil and social system; 
if the door of emigration be thrown open 
alike to the citizens of all the States ; and 



then, if the climate and productions of those 
regions, without congressional interference' 
shall exclude slavery, and at a proper lime 
the people shall form State c(jnsiitution! 
prohibiting its existence, T would cheei full} 
vote for their admission, even though they 
be free Stales. But I cannot at this time 
with due regard to the interest and honoi 
of ihe South, vote for their immediate ad 
mission, when the South has not enjoyed an 
equal share of emigralion to ihem, when it 
is knr)wn that they must be free States, anc! 
when the proposition is coupled with the 
declaration that it is the only mode for 
I he South to escape from submission to the 
Wilmot Proviso. I make no such surren- 
der. I shall insist on the most ample re-? 
cognition of the rights of the South. Shd ' 
may be deprived of them by the force oi< 
superior numbers: but 1 trust in God hev\ 
representatives on this floor will never coni^ 
sent that she sliail be cheated out of themr' 
by indirection and circumvention. 

Nor would I have it inferred, from the^ 
position which I occupy, that I am opposedl 
to a settlement of the question of slavery. 
On the contrary, I most anxiously desire it. 
The prosperity of the country, the safety of 
the South, and the integrity of the Union, 
all demand its speedy settlement; and het 
v/ho would throw unnecessary obstacles ini 
the way for the sake of agitation, is unwor- 
thy the esteem and confidence of patriots. 
Sir, the entire South is ready and anxious to 
settle it upon any terms which will save her. 
honor and the glory of the Union; and she 
has given the most conclusive evidence of 
the sincerity of her purpose. Daring the. 
last session a large majority of her repre- 
sentatives in both Houses of Congress voted 
for the Senate "compromise bill;" and al- 
most without a dissenting voice they sup- 
ported the "Missouri compromise." The 
South is still animated by a spirit of conces- 
sion; she is still prepared to yield much for 
the sake of the Union. But when the; 
temper of conciliation has departed from i 
the North; when we are denied the poor 
privilege to co?npromise, and when it is dis- 
tinctly announced by those who have the 
numerical strength to oppress us, under the ■ 
forms of unjust legislation, that we shall be ■ 
excluded from the common territories of the 
Union, let it not be expected that the South 



11 



will co-operate in an indirect mode to effect 
her own degradation. When compromises 
are denied her, she will stand firmly upon 
her constitutional rights. 

Bat, sir, the passage of the hill for the 
immediate admission jf California and the 
prospective admission of New Mexico will 
not settle the question of slavery. It might 
as to that portion of territory designated in 
the bills as California, but not as the bal- 
ance called New Mexico; for, in reference 
to the latter, it is prospective in its opera- 
tion. It only grants the consent of Con- 
gress for it to "become one of ihe Slates of 
this Union" "so soon as it shall contain the 
requisite number of inhabitants, and they 
shall establish for themselves a constitution 
and republican form of government." But 
what is to be its condition in the interim be- 
tween that time and the present ] Will it 
not be a territory] Will it not be subject 
to the legislative supe?'vi3ion of Congress 
as other territories are] Would not the 
Wilmot provisoists insist on the extension 
of the ordinance of 17S7 over it so long a- 
it remained in that condition] Surely they 
would; and at the very next session of Coii- 
giess we should have two senaiors on this 
floor from the proposed State of California 
to aid them in their nefarious designs. Yet 
with this fact staring them in the face, south- 
ern men are asked to support this bill for 
the purpose of settling the Proviso question. 

But the Wilmot Proviso is not the only 
question of controversy between the North 
and the South. Several of the legislatures 
of the northern States have passed laws to 
prevent or oppose tlie recapture of fugitive 
slaves, and in none of them is it dene with- 
out annoyance and difficulty. Will the pas- 
sage of that remove this source f)f irritation 
and conflict] A portion of the people of 
the North insist that Congress should inter- 
dict the slave-trade between the States. — 
Will that bill quiet their demands] Con- 
gress is ever and anon besieged with peti- 
tions to abolish slavery in the District of 
Columbia. Will that bill silence these 
clamois] No, sir; you might as soon ex- 
pect to heal a man who is covered with 
"wounds, and bruises, and putrifying sores," 
by extirpating one ulcer. The spirit of 
abolition is like the fabled hydra; you may 
cut offone of his heads, but the loathsomesli- 



my serpent still exists, and is eternally his- 
ing and throwing out his thousand foiked 
tongues to insult and annoy us. Sir, the 
account between the North and South ia 
long and heavy. We have reached that 
point when the harmony of the Union and 
the safety of the South require a "settle- 
ment in full." All the heads of the hydra 
must be cut ofl", and the wounds seared 
with a red hot iron, else he will yet live, and 
infuse his deadly poison into every vein and 
artery of the body politic. No mere legis- 
lative expedient will settle the questicm of 
slavery. It can only be done by all parlies, 
in the spirit of patriotism, taking their 
stand firmly on the constitution. Let the 
North do nothing which it forbids, in word 
or spirit; and let the South as one man, re- 
solve to submit to nothing that violates its 
sacred guaranties. This will give quiet to 
the country, and bind the Union in bonds 
of adamant. 

The South is sought to be placed in the 
attitude of factious opposition to the organ- 
ization of these newly-acquired territories, 
on the ground that their climate, soil, and 
productions are unsuited to the employment 
of slave labor. I shall not consider at 
length the geographical position and fea- 
tures of our Pacific possessions. It is cer- 
tainly true that much the larger portion of 
them is unfit for the cultivation of rice, cot- 
ton, sugar, and tobacco. Its surface is mar- 
red by immense ranges of mountains and 
trackless deserts, unfit for the haliitation of 
man. But who will deny that slave labor 
can be profitably employed in working the 
gold mines of California] It is cheaper, 
because it costs the owner nothing but the 
food and clothing of his operatives; and the 
negro far excels the white man in capacity 
to endure exposure to a scorching sun, 
drenching rains, and the hardships peculi- 
arly incident to the business of mining. 
Besides, there is a considerable portion of 
these territories — enough for the formation 
of three States of average dimensions — 
which lies south of the parallel of 36 deg. 
30 min., known as the line of the Missouri 
compromise. The other States of this Un- 
ion which lie south of that line are slave 
States. They are Arkansas, Tennessee, 
and North Carolina, which lie immediately 
adjacent to that line. Do they not profita- 



12 



bjy employ slave labor? Further south are 
Texas, Louisiana, Mississippi, Alabama, 
Georgia, and South Carolina. In all these 
States cotton constitutes the staple product 
of agriculture, and in several of them rice 
and stigrqr are most advantageously cultiva- 
ted. The southern parts of California and 
New Mexico lie in the same easteri: and wes- 
tern belt of latitude. Why, then, will they 
not yield the same agricultural products, 
and consequently afford profitable employ- 
ment for slave labor] Sir, it is all a mis- 
take. A large portion of our Pacific ter- 
ritories is suited to slavery; and Twill add, 
that no kind of labor wilfdevelop so rapid- 
ly its immense resources, and prepare it 
for the abode of enterprise and elevated 
civilization. Let not the South lose sight 
of these facts. Let her not be decoyed 
from vigilance over her rights, or charmed 
into insensibility to legislative aggression, 
by the siren song that these territories are 
not adapted to slavery. They are adapted 
to it; and if the South will be united in de- 
manding justice at the hands of Congress ; 
if she will be immovable in insisting that 
the door of unrestricted emigration from all 
quarters of the Union shall he thrown wide 
open: if she will maintain, at all hazards, 
the dt)ctnne of nun-interference by Con- 
gress, there can be no question that slave- 
ry will find its way to New Mexico and 
California; and that she will yet reap her 
share of the fruits of the common blood 
and treasure which were expended in their 
acquisition. 

But, sir. why this incessant clamor on the 
part of the North against slavery] Js it 
some gr^at moral plague spot which threat- 
ens to infuse mortal disease throughout the 
body politic? Are those so contaminated 
among whom it is found that they are un- 
worthy to be the associates of those pure 
and immaculate philanthrophists who weep 
crocodile tears over the fate of the poor 
enslaved African? Is it an institution so 
recent in its origin as to shock the benitrn 
spirit of the nineteenth century] Sir, sfa- 
very has existed in almost every age and 
country of the world: and some of the most 
eminently pious of whom sacred history 
keeps the record, have sustained the rela- 
tion of master under the direct congnizance 
and approbation of Heaven. It had its 



origin in Divine decree, and was ordained 
by the prophetic curse pronounced by Noah 
upon his son Ham, when he said, "Cursed 
be Canaan; a sevant of servants shall he be 
to his brethren." This leads the mind to 
the contemplation of the character ot Abra- 
ham. He was a most extensive slaveholder. 
He held slaves by gift and by purchase. 
He owned three hundred and eighteen that 
were born in his house. In the modern 
parlance of the abolitionists he might em- 
phatically be termed a "slave breeder." 
Vet Abraham was called in "Holy Writ" 
"thefii-ridof God" and "the father of the 
faithful." 

Sarah, the wife of Abraham, was also a 
slave-owner; and the anecdote which is re- 
corded of her servant Hagar is full of in- 
struction. When her mistress dealt hardly 
with her, she fled from her face, "And the 
angel of the Lord foui.d her by a fountain 
of water in the wilderness. * * * 

And he said, Hagar, Sarah's maid, whence 
comest thou? and whither wilt thou go? 
And she said, I flee from the face of my 
mistress Sarah. And the angel of the Lord 
said unto her, return to thy misrress and 
submit thysilf under her T.andr What a 
pity that some pious abolitionist had not 
been present to admonish the angel of the 
Lord of the impropriety of sending her 
back! Now, slaveholder as she was, Sarah 
is regarded by the ablest commentators as 
the type of the Virgin Mary, who was the 
mother of the Saviour of mankind, 

Isaac was a slaveholder; for it is written 
of him that he had possession of a "great 
store of servants." Jacob also was a slave- 
holder; for it is said of him that he "increas- 
ed exceedingly and had much cattle and 
maid servants and men servants." I mi^ht 
enumerate a long catalogue of the ancient 
pious, who were the owners of slaves. 
But I hasten on. 

Now if slavery is so great a moral evil, 
so repugnant to the laws of God, so abhor- 
rent to the feelings of our common human- 
ity, why was it that these favorite followers 
and worshippers of the Most High tolerat- 
ed it, and were tolerated in its enjoyment 
by Heaven? Why was it not prohibited by 
the Almighty, when he gave laws to his 
people? There were many occasions when 
it would have been most appropriate, if He 



13 



had designed to manifest towards it his hiel 

and holy displeasure. Row easy to hat, 

done so, when He delivered the ten cum 

mandments? That was an occasion ofawfu 

grandeur and unutterable solemnity. Th. 

summit of the burning mount was envelop 

ed in cloud, and the earth trembled unde, 
the footsteps of Jehovah, in atte.stati.m w 
his ineffable glory and p(,wer. The cod, 
which he there promulgated was designed 
to embrace the great fundamental princi- 
ples of all proper government, moral and 
civil. It was to be binding through all rime 
upon all men and all nations, and to estab 
lish the unerring standard of r'ght and 
wrong. Why did not the Great Lawgive< 
ot the universe, on this impressive occa- 
sion, either forbid slavery or indicate his 
disapprobation cif it? But. so far from this 
he recognises its existence, and laid his in- 
junction upon man in reference to it. The 
last of the decalogue, says: "Thou shah 
not covet thy neighlmr's house, thou shah 
not covet thy neighbor's wife m>r /n'l mny, ..^co r l ^...^.«. 

his ass. nor anything that is thy neighbor's "I m.nv! -• '^othy, he writes, "let as 

Here servants'are .Lognised L"ru°b e:t7;f tZir^r r.^ :i"?,'.^ V^?. ^'^ -"- 



'nstruct him in his duties, in all the exist- 
ng relations of society. Hence, we find 
he New lestament abounding in passa-^es 

h.ch not only recognise, ho c^xistence.bu 
he legality of slavery. Who was better 
"formed as to the principles which should 

lePaul? Who more fea.less in denoinc 
Mg vice and error, wherever found, whether 
-the walks of obscurity or the favored i„: 
cumbents of kingly thrones? Yet he no- 
where condemned slavery, or uttered bitter 
maledictions against the slaveholder. Bur 
on the contrary, he laid down rules for the 

'■egulation of the duties of masters and se 
vants. In writing to ,he Colossians. he said 

'servants obey in all things your masters 
according to the flesh; nof wifh eye-ser fee' 
as men p easers, but in singleness' of hear!.' 
tearing Uod." I„ his letter to the Ephe- 
tTem'th. ■"'''' "^^^^^"^«he obedient to 
them that are your masters, according ,0 the 
flesh, with fear and trembling, in the single 
riess of your heart as unto Christ." In his 



TT •^ 5 ""^ '" '■"J ueignoor s. 

Here servants are recognised as subjects of 
ownership, and placed, as property, in the 
same category with the ox and the ass. 

Nor was slavery discountenanced by 
Chnst, under the new dispensation. He 
mingled freely and extensively among men 
—was at public festivals, and was the in- 
structor of all ranks and classes of men; and 
on no occasion did vice escape him unre- 
buke<l, or error unreproved. The avowed 
object of his mission on eaith was to found 
a system of ethics lor the government of 
men -nd society, whose principles should 
be universal m their application, and suited 
to both worlds in their claims upon the obe- 
dience of mankind. He found slavery in 
existence, as pan and parcel of rhe organi 
zalion of society, and sanctioned by time 
and immemorial usages. But he uttered 
no word of condemnation ao^ainst it On 
the contrary, he said, "think not that I am 
come to destroy the law or the prophets- I 
am not come to destroy, but to fulfill." He 
did n..t come to interfere with the settled 
jrder (.f things as he f .und them. He dul 
lot come to subvert the civil institution 



, .- -..^v,, i,,c yoKe count 

t eir own njasters worthy of all honor, that 

he name of God and his doctrine b^ not 
blasphemed." In his epistle to Philemon 
there IS an incident so applicable to the ore- 
sent time and to this discussion, that I can- 
not omit to notice it. Philemon, a profea- 
of On ^"''«'""' "^"-d a slave by the%,ame 
of Ones.mus, who ran away from his master 
and got to Rome, where Paul was preach- 
ng. Unde^r the powerful ministrations of 

ai^h^TpK ''"''" ^' was converted to the 
!'f Christianity. He became acquaint- 
ed with Paul, and doubtless confessed that 
he was a ugit.ve from his master's posses- 
s.on. What now was the conduct of this 
pious herald of the Cross? Did he harbor 
Hnd concea this slave from his owner, as do 
our very philanthropic abolitionists of the 
present day? Did he indulge in puling sym- 
pathy, and seek to render him dissatified 
with his conditi.u.? Did he endeavor to 
p-'ison his mir.d and inflame his prejudices 
Hgainsthis rightful master? No! He sent 
*'<m back to his owner, and offered to in- 
'lemnify him for the h.ss of his services 
'luring his absence. He wrote to Philemon 



AThich h.d been established. Bu, he came I diat" if hi;sla"ve"had ^r 7"7 ^" '^''"''"^''" 
:odeal with man as he found him. and to I him augt, t^u/utr^^^^^^^^^^^ 



14: 



have written it with mine own hand; I will 
repay it." Sir, what a rebuke to the mod- 
ern abolitionist! How completely does this 
remove all imputation against slavery as 
contrary to the rules of moral rectitude! — 
Sir, it gives a high and holy sanction to that 
provision of our constitution which requires, 
on the part of the free States, the prompt 
surrender of our fugitive slaves. 

The institution being thus sanctioned by 
Revelation, and entrenched behind the im- 
pregnable ramparts of the constitution; — 
I repeat the inquiry, why this incessant 
crusade against the South and her just claim 
to an equal participation in the common 
territories of the Union? Has not the South 
been ever loyal to the constitution? Has she 
not borne, without a murmur, her share of 
the public burdens] Has she not been 
prompt to contribute her money and her 
men to defend ihe rights and honor of our 
flag] Has she not for many long years 
consented to be fleeced, in the way of high 
tariff's, by which northern manufacturers 
have been enriched, and the North and 
West made prosperous, under the expendi- 
ture of extravagant appropriations for 
works of internal improvements? Sir, it is 
time tliis warfare against the Sf)uth had 
ceased. It has been kept up long enough. 

The Union was formed for the general 
good; for defence against foreign invasion, 
and to secure domestic tranquillity. The 
southern States came into it in good faith. 
When the constitution was adopttd, slavery 
existed in nearly all the States; andlhegieat 
object of its framers was, not tn consid- 
er how it might ultimately be abolished, but 
to throw around it the most ample guaran- 
ties. This Union never could have been 
formed upon any other basis than that of 
the most absolute equality between the 
States. The slave States never would 
have entered into the compact upon any 
other condition. They never would have 
agreed to it, if they could have even antic- 
ipated that a methodical and organized at- 
tack would have been made by Congress 
upon their dortiestic institutions. Sir, it is 
all in violatiou of the spiiit and letter i)f the 
constitution. It is at wa* with everything 
like good faith and political fraternity. It 
must cease, or the Union will be destroyed; 
it cannot withstand an agitation so vital, so 



fundamental. It affects the very fonndation 
of the government, and if continued will lay 
the glorious fabric in ruins. 

It has been intimated during this debate 
that the South would finally submit to the 
aggressions of the North, Let not gentle- 
men deceive themselves. The people of 
the South will endure evils while evils are 
tolerable. But there is a point beyond 
which forbearance ceases to be a virtue, 
arid at which patience waxes into despera- 
tion. Sir, what mean the resolutions of 
State legislatures which have been piled in 
rapid succession upon your table durinor 
the present session of Congress? Virginia. 
North Carolina, South Carolina, and Flori- 
da have all spoken a language not to be 
misunderstood; and if the legislatures of the 
other southern Slates had been in session, 
they would have uttered similar senti- 
ments. Is it supposd that the people of! 
the South are dastardly; that they are not 
serious in their public resolves; and they 
have so far degenerated from the chivalry 
of their ancestry as to pass complacently 
under the iron yoke of nothern aggres- 
sion? Let not gentlemen deceive them- 
selves. The South have too much at stake. 
Their domestic peace, their property, 
their honor, their all, are involved in the 
contest. Not less than ten hundred mil- 
lions in value of their slave property are 
jeoparded by this spirit of fanaticism and 
aggression. Does the history of the world 
furnish a single instance of a people ro 
cravenhearted as to submit to the tin- 
resisted hazard of the security and safirfy 
of so vast an amonut of property? Sir, I 
am authorized to utter no word of menace 
on this floor, but I ask gentlemen to study 
well the value of the interests involved 
and the lofty elements of southern char- 
acter, befoie they mature the opinion that 
the southern States will tamely submit to 
insult, degradation, and plunder under the( 
forms of legislation. 

The senator from New .Tersy [Mr. 
Dayton] admitted the possibility that thej 
South might secede — that she might retire 
with chagrin, like Achilles to his tent; but 
that ere long she would find something, 
knocking at the door of her mighty heart,! 
Hiid she would leturn again. I trti^i, sir,' 
that the South may never have sufficienti "^^ 



of 



]6 



cause to assume the attitude of secession 
from lliis glorious Uuion. But if she 
should, the gentleman's illustration would 
be as false as it is beautifully classic. — 
Why should the Snuth r^'turn again, if driv- 
en from the Union by its injustice and 
oppression? I cannot imagine, unless ii 
would be to enjoy the distinguished entree 
into good society, which is kindly extended 
to southern gentlemen at the North, not- 
withstanding they are slaveholders. From 
my very heart I thank our northern friends 
for their con lescending hospitality, which 
has been so vividly portrayed by the senatt)r 
from New Jersey. But I confess I should 
be much more thankful if our nothern ben- 
efactors would be less hospitable to our 
fugitive slaves. If, however, it be tiue thai 
the South would return, is it wise, is it pa- 
triotic, by a couise of unnecessary and 
uncotistitutional legislation, to force the ex- 
periment? Is it not the part of elevated 
and enlightened stafemanship to pause ere 
you have reached the verge which over- 
looks so fearful a precipice? 

In maintaining the position which I do, 
I disavow any intention to produce section- 
al prejudices, or to foment local agitation. — 
I deprecate the formation of geographical 
vianies. 1 feel that every inch of soil 
whi(Ji is sheltered by our stars and stripeti 
is a part of my home and a part of my in- 
heritance. All I mean to say is, that if the 
Union, instead of a shield to protect, is con- 
verted into a weapon to wound, there is a 
settled determination among the people of 
the tSouth to vindicate themselves, their 
rights of property, and domestic altars, I for 
one am prepared to share their fate. We 
claim nothing at the hands of Congress but 
non-interference. We do not ask you to 
extend slavery; we say you must not pro- 
hibit it. We say that New Mexico and 
Calif)rnia aie the common property of the 
States, and that we have the same ri>j;ht to 
carry our slaves there which the New Eng 
land man has to carry his spindles or his 
looms. In this po>ili<m the South feels thai 
she is sustained by the constitution; and 
there she intends to stand. 

In speaking thus, the South does not de- 
sire to be considered as using the language 
of menace. That would be unworthy of 
herself, and incompatible with her elevated 



sentiment of conscious rectitude. It would 
be unjust to the North, because it would 
imply that she could be moved by iiiliinida- 
tioii. What the South means is this: Hav- 
ing entered the Union in good faith, she 
will abide the compromises of the consti- 
tution; and she expects the Noith to do 
likewise. But if this cannot be so; if, hav- 
ing the numerical majftrily, the Nortii will 
trample on our rights, outrage our feelings, 
ai;d disregard our j)olitical e(pjality as con- 
federates, we cannot be held to abido the 
violated bond We say so in advance, not 
to intimidate, but to arouse the patriotism 
of the North, their love of the Unitjn, and 
their regard for justice, to the end that they 
may voluntarily pause ere they provoke 
consequences to be deplored by every lover 
of liberty and every liiend of good gov- 
ernment. 

The South is devoted to the Union. She 
venerates its institutions. She glories io 
the recollection of the brilliant deeds ot its 
founders. But the Union of her atlections 
is that which was formed by the constitu- 
tion, "to establish justice, insure domestic 
Iranquilitij provide for the common defence, 
promote the general welfare, and secure 
the blessings of liberty." If, through the 
blindness of fanaticism or the folly of un- 
warranted legislation, it becomes subver- 
sive of these ends, and be transformed into 
an engine to oppress the South, it will cease 
to be an object of love and pride, and will 
forfeit all title to her allegiance. But if the 
spirit that animated the fathers of the re- 
public can be revived; if the spirit of jus- 
tice, conciliation, and fraternity which pre- 
sided over their deliberations could be infu- 
sed into the bosoms of their descendants; if, 
under the inspitatiun of such a spirit, our 
northern friends would approach the ci-nsti- 
tiition, and, on its consecrated altar, sacri- 
iice all but pure and elevated patriotism; if 
they would deal justly with the South, and 
exhibit towards her sentiments of liberality 
and kindness, this Union would be as per- 
manent as the the eternal hills; and thr sons 
of the sunny clime from whein e 1 tcime, 
glorying in our " star-spangled banner," 
would coin their hearts, if need be, into 
ducats, and pour them into the public lap 
to vindicate the national honor. 



i4e 



'K 



ry '.'VJ 






K^' 



V 



* A 






>:, 



K- 






